BILL NUMBER: AB 423	CHAPTERED  09/15/99

	CHAPTER   380
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN SENATE   JUNE 14, 1999
	AMENDED IN ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 12, 1999

   An act to amend Section 13132.7 of the Health and Safety Code,
relating to fire safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 423, Dutra.  Fire protection:  roofing materials.
   (1) Existing law requires every new structure, and every existing
structure when 50% or more of the roof area is reroofed within a
one-year period, to have a fire retardant roof covering that is at
least class A, B, or C, as specified.  The State Building Standards
Commission was required to incorporate these requirements by
publishing them on January 1, 1995, as an amendment to the California
Building Standards Code.
   This bill instead would require the entire roof covering of every
existing structure where more than 50% of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, to be a fire retardant roof
covering that is at least class A, B, or C, as specified.  It would
require the commission to incorporate these requirements by
publishing them as an amendment to the California Building Standards
Code.
   (2) Existing regulations of the Insurance Commissioner relating to
adjustment and settlement of certain losses based on replacement
cost require that when a loss requires replacement of items and the
replaced items do not match in quality, color, or size, the insurer
shall replace all items in the damaged area so as to conform to a
reasonably uniform appearance.
   This bill would require the commissioner to accept the use of fire
retardant wood roofing that meets the requirements described in (1)
above as meeting that replacement requirement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13132.7 of the Health and Safety Code is
amended to read:
   13132.7.  (a) Within a very high fire hazard severity zone
designated by the Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code and within a very high
hazard severity zone designated by a local agency pursuant to Chapter
6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title
5 of the Government Code, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class B as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission.
   (b) In all other areas, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class C as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission.
   (c) Notwithstanding subdivision (b), within state responsibility
areas classified by the State Board of Forestry and Fire Protection
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, except for those
state responsibility areas designated as moderate fire hazard
responsibility zones, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class B as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission.
   (d) (1) Notwithstanding subdivision (a), (b), or (c), within very
high fire hazard severity zones designated by the Director of
Forestry and Fire Protection pursuant to Article 9 (commencing with
Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public
Resources Code or by a local agency pursuant to Chapter 6.8
(commencing with Section 51175) of Part 1 of Division 1 of Title 5 of
the Government Code, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class A as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission.
   (2) Paragraph (1) does not apply to any jurisdiction containing a
very high fire hazard severity zone if the jurisdiction fulfills both
of the following requirements:
   (A) Adopts the model ordinance approved by the State Fire Marshal
pursuant to Section 51189 of the Government Code or an ordinance that
substantially conforms to the model ordinance of the State Fire
Marshal.
   (B) Transmits, upon adoption, a copy of the ordinance to the State
Fire Marshal.
   (e) The State Building Standards Commission shall incorporate the
requirements set forth in subdivisions (a), (b), and (c) by
publishing them as an amendment to the California Building Standards
Code in accordance with Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13.
   (f) Nothing in this section shall limit the authority of a city,
county, city and county, or fire protection district in establishing
more restrictive requirements, in accordance with current law, than
those specified in this section.
   (g) This section shall not affect the validity of an ordinance,
adopted prior to the effective date for the relevant roofing standard
specified in subdivisions (a) and (b), by a city, county, city and
county, or fire protection district, unless the ordinance mandates a
standard that is less stringent than the standards set forth in
subdivision (a), in which case the ordinance shall not be valid on or
after the effective date for the relevant roofing standard specified
in subdivisions (a) and (b).
   (h) Any qualified historical building or structure as defined in
Section 18955 may, on a case-by-case basis, utilize alternative roof
constructions as provided by the State Historical Building Code.
   (i) The installer of the roof covering shall provide certification
of the roof covering classification, as provided by the manufacturer
or supplier, to the building owner and, when requested, to the
agency responsible for enforcement of this part.  The installer shall
also install the roof covering in accordance with the manufacturer's
listing.
   (j) (1) No wood roofing materials shall be sold in this state
unless:
   (A) On and after January 1, 1997, the materials have passed at
least one year of the 10-year natural weathering test.
   (B) On and after January 1, 1998, the materials have passed at
least two years of the 10-year natural weathering test.
   (C) On and after January 1, 1999, the materials have passed at
least three years of the 10-year natural weathering test.
   (D) On and after January 1, 2000, the materials have passed at
least four years of the 10-year natural weathering test.
   (E) On and after January 1, 2001, the materials have passed at
least five years of the 10-year natural weathering test.
   (2) The 10-year natural weathering test required by this
subdivision shall be conducted in accordance with standard 15-2 of
the 1994 edition of the Uniform Building Code at a testing facility
recognized by the State Fire Marshal.
   (k) The Insurance Commissioner shall accept the use of fire
retardant wood roofing material that meets the requirements of this
section, used in the partial repair or replacement of nonfire
retardant wood roofing material, as meeting the requirement in
Section 2695.9 of Title 10 of the California Code of Regulations
relative to matching replacement items in quality, color, and size.
